Judgment of the General Court of 30 September 2014 — Scooters India v OHIM — Brandconcern (LAMBRETTA)
(Case T-132/12) 1
(Community trade mark — Revocation proceedings — Community word mark LAMBRETTA — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Scooters India Ltd (Lucknow, India) (represented by: B. Brandreth, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Brandconcern BV (Amsterdam, Netherlands) (represented by: G. Casucci and N. Ferretti, lawyers)
Re:
Action for annulment brought against the decision of the First Board of Appeal of OHIM of 12 January 2012 (Case R 2308/2010-1), relating to revocation proceedings between Brandconcern BV and Scooters India Ltd
Operative part of the judgment
The Court:
1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 12 January 2012 (Case R 2308/2010-1);
2. Orders OHIM to bear its own costs and to pay those incurred by Scooters India Ltd, including those incurred for the purposes of the proceedings before the Board of Appeal;
3. Orders Brandconcern BV to bear its own costs.
________________________1 OJ C 165, 9.6.2012.